Timothy M. Wheelwright

Shareholder
Salt Lake City Office
Main: 801.415.3000
Direct: 801.395.2424
twheelwright@djplaw.com

Mr. Wheelwright is the Chair of the firm’s Immigration Law Practice Group and a member of its Employment Law Section.  Since 1997 he has represented local, regional, and national clients (primarily public, private, and multinational companies) in the full spectrum of legal matters involving United States immigration and nationality law. The following is a brief description of the legal services he and his team provide:

  • Worksite Enforcement - Advises companies, HR personnel, managers, and owners about all aspects of compliance with federal and state employment eligibility verification laws (Form I-9 and E-Verify), employer sanctions, and Social Security “No-Match” letters. Conducts internal audits for companies, evaluates their compliance with such laws, and helps them develop and implement workable compliance plans, training programs, and “Best Practices” to employ a legal workforce. Represents companies that are being investigated and targeted by the United States government for compliance audits and other worksite enforcement actions, including administrative, criminal, and federal contractor debarment proceedings. Has successfully negotiated lower administrative and criminal fines, lower criminal penalties, and alternatives to debarment. Experienced in helping general contractors in the construction industry implement workable I-9 compliance plans for them and their subcontractors. Performs independent I-9 compliance audits.
  • Temporary Work Visas - Secures work visas for United States companies who need to employ foreign workers temporarily, including E-3, H-1B, H-2A, H-2B, J-1, L-1A, L-1B, O, P, R-1, and TN temporary worker visas.
  • Permanent Work Visas - Secures Lawful Permanent Resident status (“Green Card”) for foreign workers employed permanently by United States companies under the Outstanding Researcher and Professor, Multinational Manager and Executive, Alien of Exceptional Ability, National Interest Waiver, Member of the Professions Holding Advanced Degrees, Professional, Skilled Worker, Other Worker, and Religious Worker categories.
  • Foreign Investors - Advises foreign investors regarding the requirements for securing temporary and permanent visas through investing in the United States. These opportunities generally include E-1 and E-2 visas and Green Cards through the Employment Creation (EB-5) category. Collaborates with other attorneys in the firm who have expertise in other areas of law that a foreign investor is likely to confront when investing in the United States (banking, corporate & securities, employment, real estate, tax & estate planning, and technology).
  • Educational Institutions - Advises charter schools, school districts, colleges, universities, and their foreign students regarding immigration-related issues.
  • Individuals - Helps individuals and their family members secure temporary and permanent immigration status in the United States, including United States citizenship.
  • Waivers - Helps individuals secure waivers when they cannot be admitted to or are removable from the United States.
  • Complex Immigration Issues - Helps individuals whose immigration case involves particularly complicated or novel issues of law that require special attention and expertise.
  • International and Domestic Adoptions - Helps United States citizens adopt children internationally and secure immigration-related paperwork for their adopted children. Also represents clients in private-placement, agency, and step-parent adoptions before the Utah State Courts.

Mr. Wheelwright also has substantial experience in employment law, commercial and probate litigation, and general business transactions.

PRACTICE AREAS

Immigration Law

Employment

  • Employment & Labor Law

EDUCATION

University of Utah, S. J. Quinney College of Law - J.D. (1997)
Brigham Young University - B.A., Political Science, cum laude (1994)

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FIRM MANAGEMENT

  • Chair, Immigration Law Practice Group

ADMITTED TO PRACTICE

  • Utah
  • All State and Federal Courts in Utah
  • United States Court of Appeals for the Tenth Circuit
  • United States Supreme Court

INDUSTRIES

  • Banking and Financial Services
  • Construction
  • Education
  • Energy
  • Financial
  • Government
  • Industrial
  • Manufacturing
  • Non-profit
  • Restaurants/Hospitality
  • Technology

ADDITIONAL LANGUAGES

  • Spanish

PROFESSIONAL AND CIVIC ACTIVITIES

  • Listed in The Best Lawyers in America, Mountain States Super Lawyers, and Utah Business magazine's "Utah Legal Elite" in the category of Immigration Law, as well as in The International Who’s Who of Corporate Immigration Lawyers
  • American Immigration Lawyers Association (AILA) [Member (1995–present); Business Immigration Committee (2005–present); Nebraska Service Center Liaison Committee (2005–06); Chapter Chair Orientation Committee (2005 –2006); Chair, Utah Chapter/National Board of Governors (1998–2000; 2004–2006); Vice-Chair, Utah Chapter (2003–2004)]
  • Member, American Bar Association
  • Member, Immigration Taskforce, Ogden-Weber Chamber of Commerce
  • Barrister, Rex E. Lee American Inn of Court
  • Judge Pro Tempore, Second Judicial District Court for Weber County, State of Utah (2001–2007)
  • Pleasant View City [Mayor (2006-2008); City Council (2004-2006); Planning Commission (2003); Board of Adjustments (2002)]

 

PRESENTATIONS

  • "Immigraion: Timely Legal Advice for All Utah Employers," Ogden-Weber Chamber of Commerce, May 2009
  • "Late-Breaking: New H-2A Final Rules," national audio seminar, American Immigration Lawyers Association, February 2009
  • “Immigration Law and Employer Compliance: A New Era for Employer Liability in Utah,” Lorman Educational Services, Salt Lake City, Utah, November 14, 2008
  • "General Overview of Immigration Law," American Immigration Lawyers Association, Memphis, Tennessee, October 2008
  • “Tapping into the Foreign Workforce: Practical Tips and Strategies for the Responsible Employer,” Utah Technology Council, Salt Lake City, Utah, June 24, 2008
  • “Illegal Immigration: Legal Advice for Responsible Employers,” Dixie Business Alliance Summit 2008, St. George, Utah, January 9, 2008
  • “Business Immigration Law and Work Site Enforcement in Utah,” Lorman Educational Services, Salt Lake City, Utah, November 14, 2007
  • “General Overview of Immigration Law,” AILA’s Fundamentals of Immigration Law Practice Conference, Atlanta, Georgia, March 2007
  • “Nuts and Bolts of Preparing a PERM Application,” AILA’s web seminar, January 2007; AILA Annual Conference on Immigration Law, San Antonio, Texas, June 2006
  • “Walking the Fine Lines of I-9 Administration and Social Security Number Verification,” The Employers Council, Salt Lake City, Utah, May 2006
  • “Practice Roundtable: The Basics - Immigration Tools and Concepts,” AILA Annual Conference on Immigration Law, Salt Lake City, Utah, June 2005
  • “Business Immigration Law in Utah,” Lorman Educational Services, Salt Lake City, Utah, September 1999, 2001, and 2002
  • Author of an article in the seminar manual called, “HELP WANTED: U.S. Employers to Enforce U.S. Immigration Laws”
  • “Adoption Law in Utah,” Lorman Educational Services, Salt Lake City, Utah, February 2001

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